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The Insolvency (Scotland) (Receivership and Winding up) Rules 2018

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Specific and continuing proxies

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9.2.—(1) A proxy is a document made by a creditor, member or contributory which directs or authorises another person (a “proxy-holder”) to act as the representative of the creditor, member or contributory at a meeting, or meetings, by speaking, voting, abstaining, or proposing resolutions.

(2) A proxy may be either—

(a)a specific proxy which relates to a specific meeting; or

(b)a continuing proxy for the insolvency proceedings.

(3) A specific proxy must—

(a)direct the proxy-holder how to act at the meeting by giving specific instructions; or

(b)authorise the proxy-holder to act at the meeting without specific instructions; or

(c)contain both direction and authorisation.

(4) A proxy is to be treated as a specific proxy for the meeting which is identified in the proxy unless it states that it is a continuing proxy for the insolvency proceedings.

(5) A continuing proxy must authorise the proxy-holder to attend, speak, vote or abstain, or to propose resolutions without giving the proxy-holder any specific instructions.

(6) A continuing proxy may be superseded by a proxy for a specific meeting or withdrawn by a written notice to the office-holder.

(7) A creditor, member or contributory may appoint more than one person to be proxy-holder but if so—

(a)their appointment is as alternates; and

(b)only one of them may act as proxy-holder at a meeting.

(8) The proxy-holder must be an individual.

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